Howard Neu Points out Flaws and INVALIDITY of the Oversee Agreement! $2000 Legal Opinion for FREE!

Morning Folks!!


I asked Howard yesterday to write a detailed legal opinion for me on the Oversee Release for all domainers to see. I hope you are sitting down. Don't do anything hasty. This is going to be another BARN BURNER! Howard is going to pick this apart one point at a time and I think he could go on even further with all the flaws he reveals.


From Howard:


*I, the undersigned,
individually and jointly, for myself and my successors, assigns, trustees,
partners, joint venturers, directors, officers, affiliates, associates,
managers, licensees, and for any other claiming through or under each or all of
them and for any person or entity with or for whom I may have purchased the
above mentioned names (collectively, the “Releasors”)


This means that you are signing this document to give away not
only any rights that you may have, but also the rights of others with whom you
may be associated in some way
.


hereby
release and forever discharge, acquit, covenant not to sue and acknowledge
complete satisfaction


You are releasing possible claims that you may not even know you
had
.


from,
SnapNames, and its past and present parent companies (including Oversee.net),
affiliates, successors, assigns, agents, attorneys, servants, representatives,
employees, independent contractors, trustees, administrators,
predecessors-in-interest, insurers, partners, joint venturers, stockholders,
members, directors, officers, parent companies, associated companies, holding
companies, subsidiaries, divisions, affiliates, associates, managers,
licensees, accountants and consultants of any of the foregoing (collectively,
the “Releasees”)


This basically releases anyone, anything or any entity in the
whole world that has had anything whatsoever to do with Snapnames, Oversee,
their stockholders (including Brady), accountants (who may have been in
collusion – see ENRON) attorneys (who may have given bad advice), affiliates
(God knows who THEY are), licensees (what do THEY have to do with this?) and
consultants (??????).


for any and all claims, actions,
arbitrations, charges, complaints, grievances, hearings, causes of action,
actions, suits, damages, costs, expenses, judgments, liabilities, demands,
inquiries, investigations, proceedings or suits of every kind and nature
whatsoever, whether known or unknown, suspected or unsuspected, previously
existing, or now existing,
or hereafter arising, in law or in equity
(collectively, the “Claims”),


This means that Snapnames, Oversee and all of the aforementioned
Usual Suspects can ride roughshod over you, your domains, your auctions, or any
possible FUTURE action that you may have with IMPUNITY. The one thing that they are presently
in short supply of is TRUST. Yet,
they are saying that if you sign this document which gives away every right
that you have, you can TRUST them that they won’t screw you again. That reminds me of the currently
running Apple ad where the PC is constantly saying “TRUST ME”.


which the Releasors or any of them had, may
have had, or now has, from the beginning of time to today’s date against the
Releasees, collectively, or any of the Releasees, individually, for or by
reason of any matter whatsoever relating to the auctions for and acquisition of
the Domains, including without limitation, any Claims relating in whole or in
part to the bidding activity of the SnapNames user associated with the user
name “halvarez” (the “Released Matters”)


This somewhat contradicts the previous statement of claims
“hereafter arising” by limiting the future to “today’s date”, but it is not as
charitable as you might first believe.
While the first statement including claims in the future goes to any
claims whatsoever, this portion is limited solely to claims arising out of the
actions of “Halvarez”. Thus, while
you are giving up any rights that you may have as to the “Halvarez” matter as
of the day you sign this ludicrous document, you are still giving up ALL RIGHTS
to any action or claim that you may now have or have IN THE FUTURE concerning
any of the activities of Snapnames, Oversee, and the Seven Dwarfs
.


for damages, restitution, disgorgement,
unjust enrichment, civil penalties, statutory penalties, injunctive and/or
declaratory relief, whether class, individual, representative, or otherwise in
nature, including costs, expenses, penalties, and attorneys fees
.


This may be the most insidious clause of all. Not only can you not claim damages now
OR IN THE FUTURE, but you must opt out of any class action or actions that may
be brought against these culprits and forget about any costs that you may incur
to protect your interests.



Unless
the Releasor is meaningfully educated by the Releasee as to both the nature of
the release and the risk involved, the release is invalid as a matter of law in
a number of jurisdictions.
Contracts intending to release one’s self from liability must be
strictly construed against the enforcing party. The law disfavors contractual provisions by which one party
seeks to immunize himself against the consequences of his own torts. Also, releases only limit liability for
risks specifically contemplated by the release.


It would
therefore appear that this release is overly broad to the point of possibly
being at least partially invalid.
It is necessary that the express terms of the agreement be applicable to
the particular misconduct of the Releasee. If there was no misconduct on the part of Snapnames or
Oversee, then why would they need such a release?


The key to enforceability of a release is the knowledge on the part of the Releasor
of the exact nature of the agreement.
If things “known or unknown” are being intentionally hidden from the
Releasor, the agreement has no validity.


The bottom line here is not to rush into signing away your rights for a pot of
porridge. Let time reveal exactly
who the culprit or culprits are and determine where liability may lie. Then, and only then, can someone
intelligently sign a document giving away his rights for all eternity.

Thank you Howard!! This info should be invaluable in each and every domainer and illustrate in a legal way just what a mine field this agreement is and the ramifications of putting a signature on this GARBAGE! What we are witnessing is a disaster. What we are witnessing will shape how you do business for the rest of your lives. What we are witnessing is a company that is so scared to speak, that must have so many things and people to protect, they would rather implode before our very eyes than answer the questions that have been posed for days by multiple people. That is what it looks like to me in myopinion and that opinion is getting more and more common place. This is a sad day and I am at a loss. The worst handled mess I have ever seen. That's what you get with PR and Bean Counters and Lawyers running a BUSINESS. Let's have a MEETING!! For the sake of the industry and everyone in it, I beg the folks at Oversee to step forward and fix this before the point of no return. A point that I believe we are in the midst of passing. A sad day any way you look at it.Silence is deadly and being calculating is even worse when you have so many involved.

Rick Schwartz


Howard Neu Let’s Loose on”Obvious-Coverup”…Stone Wall Day 9…An Agreement of INSANITY! PART 1

Morning Folks!


Fasten your seat belts. These next 2 posts are going to be the most riveting you have ever seen on my blog. Howard is going to give you a lawyers view of the Oversee contract, LINE BY LINE! Yesterday I touched on the Oversee/Snapnames agreement. Later I posted the following
on
TheDomains.com where Mike Berkens disects the 12,000 auctions he was involved in with 'Halvarez'. Thanks Mike for taking the time and expense to do this for all to see and stepping up to cover this story.


'Their
release could have been one sentence: “I hear-by release Oversee and Snap for
any liability arising from any past auction involving Halvarez.”


The way
they word that contractual release is the single biggest reason for this
unraveling and people looking for more of the story, who is involved and if it
spills over to other companies. They want folks to sign away their rights since
Day one of the Universe before you even know the extent of what might have
really happened.. I think anyone that signs that does not have any idea of the
far reaching impact it could have. It is absolutely INSANE to sign your rights
away BEFORE all the facts are in and even then the release is so bad I think
paying every domainer $10,000 whether affected or not would be a coup for them.
Sign your LIFE away with this baby. INSANE!'


Oversee could have kept it simple and put what I said on the back of the check with no
fanfare. Instead they went for something that includes “From the beginning of
time” and absolves them of everything that could have ever happened or did ever
happen or anything that gets uncovered from here on out. That does not sound like a 'Victim' to me, that sounds like a company with some things to hide, people to protect and worse if it involves others outside the company. Is the entire Industry being hoodwinked by a piraña? And if it is, how many will remain silent, how many will stay on the sidelines, and how many are willing to stick their dick out and speak up??

As Mike Berkens points
out, you have
ONE YEAR to sign and get a refund. I’d be willing to bet there
wil
l be a revised agreement at some point. And if they don't get real, then they will keep dealing with more and more fallout and eventually they will either capitulate or worse. My opinion.

This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
As Mike Berkens points
out, you have ONE YEAR to sign and get a refund. I’d be willing to bet there
will be a revised agreement. This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
Howard Neu posted the following no holds barred comments on Mike's blog and then will be followed by a post in Part 2 just addressing the release form. Free legal advice from one of the best in the biz.

'It seems to me, that the biggest question of all has been left unanswered. WHY HAVE NO CHARGES BEEN BROUGHT AGAINST BRADY? Why have we not heard from Jeff Kupietsky? Why have we not heard from Craig Snyder?Who else is involved in this obvious cover-up? Millions of dollars have been lost by domainers, yet no charges have been brought. Oversee spent millions of dollars acquiring Snapnames at a hugely inflated price, yet no charges have been brought. The domain industry is on the brink of possible collapse due to lack of trust, yet no charges have been brought.Who is protecting whom?

A child can see that laws have been broken and fraud has been committed, yet we hear absolutely nothing from the so-called defrauded company, Oversee. What are they hiding? Are they afraid that their own positions and livelihoods are in jeopardy?

It seems mighty strange to me that not one word has been heard from the company other than to send out the most ridiculous Settlement Offers with unbelievable releases that you have to be absolutely financially desperate to sign. The language contained in those releases is legally binding, yet unheard of in legal circles in its breadth of forgiveness and letting everybody off the hook. Again, what are they afraid of? I intend to address a separate post to the language of the releases.'

Much more to come from Howard in Part 2.

You may also be interested in the interview at DNW where Santiago A. Cueto (The first attorney to file a Class Action in this mess) states: 'This is an interesting case because SnapNames has already admitted wrong doing and offered to compensate victims. “That’s not going to cut it,” said S. Cueto. “We want to clean up the industry.” Both brothers think insider bidding is pervasive in the industry, and they may expand their investigation to other companies as well.'

After reading that, I for one welcome their involvement and hope others join the search for the TRUTH of what the hell is going on and how far reaching is it!!

Rick Schwartz